IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
S.R. KRISHNA KUMAR, J.
Bheemappa S/o Balappa Pujari - Appellant
Versus
The Chairman and Deputy Commissioner, District Caste Verification Committee - Respondent
Writ Petition No. 147040 of 2020
Decided On : 19-09-2025
| Table of Content |
|---|
| 1. petitioner seeks writs and orders (Para 1) |
| 2. cancellation of caste certificate and employment termination (Para 3 , 4 , 5) |
| 3. arguments on jurisdiction and merits of committee's order (Para 6 , 8 , 10) |
| 4. court's observations on jurisdiction and natural justice (Para 7 , 9) |
| 5. previous rulings affecting committee's jurisdiction (Para 12 , 14) |
| 6. final order to quash and remand matter (Para 15) |
ORDER :
1. In this petition, petitioner seeks the following reliefs:
i. Issue a Writ of Certiorari or any other Order or Direction, to quash the impugned order dated 25.06.2020 Ref to Letter No.RM- 1/HR:116 issued by the respondent No.3, as per ANNEXURE-F and impugned order dated 26.06.2020 issued by the respondent No.3 bearing No. NIL as per ANNEXURE-G.
ii. Issue a Writ of Certiorari or any other Order or Direction, to quash the impugned order dated 06.02.2015 bearing No.GSaKa/S.1/JaPa/CR/3/ 2014-15 passed by the respondent No.1 as per ANNEXURE-H.
iii. Issue a Writ of Mandamus or any other Order or Direction, directing the Respondents to extend the benefit of Government Order dated 11.03.2002 bearing No. SWD 713 SAD 93 Bengaluru produced as ANNEXURE-B by considering the representation dated 22.10.2003 as per ANNEXURE- B.
iv. Issue any other appropriate Writ or Order or Direction which deems fit to grant by this Hon'ble Court under the facts and circumstances of the case.
2. Heard the learned counsel for the petitioner and learned counsel for respondents.
3. A perusal of the material on record will indicate that the petitioner obtained appointment as a Peon in the respondent Nos.2 and 3-State Bank of India (for short, ‘Bank’), in the year 1985 by producing a caste certificate indicating that he belongs to Tokre Koli Community, which is classified as a Scheduled Tribe. On 11.03.2002, the State Government issued a Government Order pursuant to the decision of the Constitution Bench of the Apex Court in Civil Appeal No.2294/1986 dated 28.11.2000. The petitioner, who contended that he was entitled to the benefit of the said Government Order dated 11.03.2002, approached this Court in WP No.46638/2003, seeking extension of the said benefit conferred under the said order and for other reliefs.
4. During the pendency of the said petition, the caste certificate issued in favour of the petitioner having been cancelled by the respondent No.1-District Caste Verification Committee (for short, ‘the Committee’), on 03.09.2003, the petitioner approached the Court in WP No.46638/2003, inter alia, contending that the Caste Verification Committee did not have jurisdiction or authority under the law and that it was only the Committee constituted pursuant to the order passed by the Apex Court in the case of Kumari Madhuri Patil and Another Vs. Additional Commissioner Tribal Development and Others , (1994) 6 SCC 241 , that would necessarily have to adjudicate upon the legality or validity of the caste certificate issued in favour of the petitioner. Under these circumstances, this Court disposed of the aforesaid WP No.46638/2003, vide final order dated 29.03.2011, by setting aside the order of the Caste Verification Committee and remitting the matter back to the Caste Verification Committee constituted in 2009, for reconsideration afresh in accordance with law.
5. After remand, the respondent No.1-Committee proceeded to pass the impugned order dated 06.02.2015 at Annexure-H, once again cancelling the caste certificate issued in favour of the petitioner. In pursuance of the same, the respondent Nos.2 and 3-Bank proceeded to terminate the services of the petitioner, vide order and communication at Annexures-F and G dated 25.06.2020 and 26.06.2020 respectively. Aggrieved by the impugned order dated 06.02.2015 vide Annexure-H passed by the respondent No.1 and the impugned orders at Annexures-F and G dated 25.06.2020 and 26.06.2020 respectively passed the respondent Nos.2 and 3, the petitioner is before this Court by way of the present petition.
6. Learned AGA f
Kumari Madhuri Patil and Another Vs. Additional Commissioner Tribal Development and Others
The Caste Verification Committee lacked jurisdiction to cancel the caste certificate without adhering to natural justice principles, necessitating re-evaluation as per established legal standards.
The verification of validity of caste certificate and determination of caste status should be done only by the Caste Scrutiny Committee constituted in accordance with the law.
The Assistant Commissioner lacks jurisdiction to hear appeals against the cancellation of caste certificates by the Tahsildar, as the Tahsildar's actions were merely implementing the Committee's orde....
Caste certificate cancellation requires adherence to natural justice, including the right to a hearing, as established in the Scheduled Caste, Scheduled Tribes and Backward Classes Regulation of Issu....
The Sub-Divisional Officer lacks jurisdiction to cancel caste certificates; only the High Power Caste Scrutiny Committee can do so after following due process.
Repeated reopening of caste verification proceedings is impermissible when the issue has been examined and closed by competent authorities, ensuring finality in administrative decisions.
A fraudulent document is non est from the beginning and cannot be countenanced in law. A party to a litigation cannot approbate and reprobate from his stand taken before a quasi-judicial authority to....
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